O'Brien & Bennett, Attorneys at Law

O'Brien & Bennett, Attorneys at Law O'Brien & Bennett, P.A. is a law firm located in Sarasota, Florida dedicated to supporting clients w We assist clients who need a trusted legal advisor.
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Our Firm Helps You with Legal Problems in the Areas of Elder Law

Our firm employs a combination of over three decades of experience in the practice of law, critical analysis, skillful preparation, and principled advocacy. Clients appreciate the value of having a lawyer who will carefully listen to their story and assist them in taking action to obtain identifiable results. Our practice emphasizes

planning, collaboration, litigation, and dispute resolution involving estate, trust, probate, and guardianship matters.

Estate planning is a powerful phrase with a simple aim: To create a plan to protect yourself and your loved ones in the ...
12/16/2023

Estate planning is a powerful phrase with a simple aim: To create a plan to protect yourself and your loved ones in the event of sickness, accidents or death.

Estate planning is not only for the wealthy, it's for everyone. Here's how you can get started.

It's generally recommended that you review your will and other end-of-life documents at least every few years, although ...
12/11/2023

It's generally recommended that you review your will and other end-of-life documents at least every few years, although there can be reasons to do a checkup more often.

Even if you don't have a major change in your life, aspects of your will and overall estate plan should be reviewed fairly regularly.

Intestate refers to dying without a legal will. When a person dies intestate, deciding how their assets will be distribu...
12/09/2023

Intestate refers to dying without a legal will. When a person dies intestate, deciding how their assets will be distributed becomes the responsibility of a state probate court. An intestate estate can also be one in which the will presented to the court was deemed to be invalid.

Intestate refers to dying without a legal will. When a person dies intestate, the distribution of their assets will be determined by a probate court.

Estate planning is a vital part of financial management that often gets overlooked.
12/04/2023

Estate planning is a vital part of financial management that often gets overlooked.

Signs you need to pay attention to your estate plan.

An estate plan is a valuable set of documents outlining plans for your assets and family after you die. While everyone’s...
12/02/2023

An estate plan is a valuable set of documents outlining plans for your assets and family after you die. While everyone’s needs differ, ensuring your property and family are cared for is essential.

Read on for our guide and estate planning checklist that includes helpful information about what estate planning is, how it works and how to get started.

Trusts are powerful tools that are perfect for many people, but they aren't right for everyone. Consider the strengths a...
11/27/2023

Trusts are powerful tools that are perfect for many people, but they aren't right for everyone. Consider the strengths and weaknesses of living trusts and how they might fit into your overall financial plan.

Find out if a trust is the right tool for your estate planning goals.

Discussing retirement plans with your aging parents can be difficult, but it's a necessary conversation to have.
11/25/2023

Discussing retirement plans with your aging parents can be difficult, but it's a necessary conversation to have.

Discussing retirement plans with your aging parents can be difficult, but it's a necessary conversation to have. As your parents get older, they will need support and assistance in planning out their golden years.

The decision whether to choose a revocable or irrevocable trust for the protection of assets can have lasting implicatio...
11/20/2023

The decision whether to choose a revocable or irrevocable trust for the protection of assets can have lasting implications and profoundly impact a legacy, so it's not something to be taken lightly.

Some trusts are better than others for avoiding probate, minimizing taxes or keeping the peace.

If you're worried about what will happen to your home, planning ahead can make things easier for surviving loved ones.
11/18/2023

If you're worried about what will happen to your home, planning ahead can make things easier for surviving loved ones.

If you die before paying off your mortgage, your heirs have several options. See how they are affected and how to make things easier for everybody.

A durable power of attorney gives someone you designate, known as your agent, the authority to make decisions if you bec...
11/13/2023

A durable power of attorney gives someone you designate, known as your agent, the authority to make decisions if you become incapacitated.

Having a power of attorney is critical should the time come when you can’t make health and financial decisions on your own.

Wills and trusts are two tools available for passing the bulk of your financial legacy. They’re not exclusive: estate pl...
11/11/2023

Wills and trusts are two tools available for passing the bulk of your financial legacy. They’re not exclusive: estate plans may have both a will and one or more trusts. An estate planning attorney can help you determine which tools fit best with your estate and your goals for cost, efficiency, privacy, and more.

One of the first big decisions in an estate plan is whether a will or living trust should control most of the assets.

Planning your estate plan for when the time comes can be challenging, especially if you have a significant amount of ass...
11/07/2023

Planning your estate plan for when the time comes can be challenging, especially if you have a significant amount of assets with beneficiaries who lack the financial responsibility to use it wisely.

Planning your estate plan for when the time comes can be challenging, especially if you have a significant amount of assets with beneficiaries who lack the financial responsibility to use it wisely....

It can be hard to distill a lifetime of accomplishments and dreams into a stack of papers for your heirs. Getting these ...
11/04/2023

It can be hard to distill a lifetime of accomplishments and dreams into a stack of papers for your heirs. Getting these documents together, however, will be a final parting gift for the ones you love.

Assembling legal documents pertaining to your estate is key to ensuring your final wishes are carried out.

A mortgage lives on after the death of the borrower, but unless there is a co-signer or, in community property states, a...
10/30/2023

A mortgage lives on after the death of the borrower, but unless there is a co-signer or, in community property states, a surviving spouse, none of the deceased person’s heirs are responsible for paying the mortgage. Those who are in line to receive an inheritance may be able to take over payments and keep the house.

If you die owing money on a mortgage, the mortgage remains in force. If you have a co-signer, the co-signer may still be obligated to pay back the loan. A spouse or other family member who inherits a house generally … Continue reading → The post What Happens to Your Mortgage When You Die? appear...

A living trust is a legal document you set up while you’re alive to ensure that the assets you put in the trust are dist...
10/28/2023

A living trust is a legal document you set up while you’re alive to ensure that the assets you put in the trust are distributed in the way you want after your death without your beneficiaries having to go through court probate to receive the assets you pass on to them.

A living trust lets you decide how your assets should be managed, both in your lifetime and after you're gone. Do you need one?

"Family trust" is an informal term, rather than a legal one. It can refer to any type of trust that passes assets from o...
10/23/2023

"Family trust" is an informal term, rather than a legal one. It can refer to any type of trust that passes assets from one family to another. Trusts can be complex, so it's wise to consult an estate planning attorney when setting one up.

Learn from Bankrate about family trusts, their benefits, and how this powerful tool can safeguard your assets and secure your family's future.

When planning your estate, working with the right professionals not only ensures all your documents are prepared correct...
10/21/2023

When planning your estate, working with the right professionals not only ensures all your documents are prepared correctly, but they may also be able to anticipate problems before they occur.

Don't let the inheritance you leave get eaten away by taxes or given to the wrong person.

If you own a home, planning for the future and deciding what happens to your mortgage when you die is important.
10/16/2023

If you own a home, planning for the future and deciding what happens to your mortgage when you die is important.

If you own a home, planning for the future and deciding what happens to your mortgage when you die is important.

No matter your age or financial situation, having an estate plan can give you peace of mind and reduce hardship for your...
10/14/2023

No matter your age or financial situation, having an estate plan can give you peace of mind and reduce hardship for your loved ones.

While there are different types of personal representatives – including trustees, conservators and legal guardians – the...
10/07/2023

While there are different types of personal representatives – including trustees, conservators and legal guardians – the term often refers to two particular roles when it comes to a person’s estate: executors and administrators.

Personal representatives are tasked with managing estates when people die, either according to the terms of their will or the state laws that govern certain successions. An executor is a type of personal representative who’s specifically designated in someone’s will to carry out their final wish...

Losing a close relative is hard enough without the added and completely avoidable hassles that occur in the absence of e...
10/05/2023

Losing a close relative is hard enough without the added and completely avoidable hassles that occur in the absence of estate planning. That’s why focusing on the benefits involved in estate planning for you and your loved ones may be just the motivation you need to either create and finalize an estate plan or update the plan that you already have.

Estate planning not only makes things easier for your loved ones if you become incapacitated or when you’re gone, but it also does these three important things.

Major changes in your life—such as marriage, having a baby, moving out of state, or divorce—should prompt a revisit to y...
09/30/2023

Major changes in your life—such as marriage, having a baby, moving out of state, or divorce—should prompt a revisit to your current will.

Getting divorced? Here are some items you will need to remove or add to your will.

Living trusts can add flexibility to your estate plan, but there are pros and cons to using them. When you decide on you...
09/28/2023

Living trusts can add flexibility to your estate plan, but there are pros and cons to using them. When you decide on your estate plan, a trusted attorney can suggest options that fit your needs and efficiently pass assets to your heirs.

This legal document gives you flexibility and privacy for managing and distributing your assets, but there are pros and cons.

There’s no way to anticipate when we’ll go, but that difficult time can be made easier on our friends and family by havi...
09/23/2023

There’s no way to anticipate when we’ll go, but that difficult time can be made easier on our friends and family by having a plan in place that tells them exactly how to manage any money or assets we’ve left behind.

Spoiler: You don’t have to be ultrawealthy to have an estate plan.

Estate planning takes on a new urgency when you become a parent. It's essential to spell out who you'd want to care for ...
09/22/2023

Estate planning takes on a new urgency when you become a parent. It's essential to spell out who you'd want to care for your children if you're gone and also to provide for their financial security.

Don't put it off any longer.

A charitable trust allows you to donate assets to a chosen tax-exempt charitable organization or nonprofit and comes wit...
09/13/2023

A charitable trust allows you to donate assets to a chosen tax-exempt charitable organization or nonprofit and comes with certain tax benefits to help you minimize what you might owe to the government. Establishing a charitable trust can be an important part of your estate plan and a rewarding way to make an impact for a cause you care deeply about.

A charitable trust allows you to donate assets to a chosen tax-exempt charitable organization or nonprofit and comes with certain tax benefits.

While a will is a useful and airtight legal document, it does have some limitations. For instance, a will must go throug...
09/11/2023

While a will is a useful and airtight legal document, it does have some limitations. For instance, a will must go through the probate process, which can be lengthy and expensive. It may be wise to use other tools to achieve your goals, such as living trusts.

A traditional will could be the simplest but not necessarily the best way to pass on your legacy.

Living trusts are created while the grantor is still alive. It is a legal arrangement that designates a trustee to manag...
09/06/2023

Living trusts are created while the grantor is still alive. It is a legal arrangement that designates a trustee to manage the assets for beneficiaries, which can include you.

A living trust can offer key benefits for transferring wealth.

What happens to your digital properties after you pass away? Worst-case scenarios are familiar to many families who have...
09/04/2023

What happens to your digital properties after you pass away? Worst-case scenarios are familiar to many families who haven’t planned ahead: The property gets lost, either irretrievably or for years, during which beneficiaries must try to find passwords or slog through legal channels to get access.

What Happens to Your Digital Properties After You Die?

What happens to the bank accounts when you pass away? The answer depends on a few factors, such as whether the account i...
09/01/2023

What happens to the bank accounts when you pass away? The answer depends on a few factors, such as whether the account is a joint account, or if there are any beneficiaries named. Making a few preparations can save your survivors from financial stress while grieving your loss.

You can't take it with you, so what happens to your bank account after you pass on? Here's everything you need to know.

Address

1800 Second Street, Suite 735
Sarasota, FL
34236

Opening Hours

Monday 8:30am - 5:30pm
Tuesday 8:30am - 5:30pm
Wednesday 8:30am - 5:30pm
Thursday 8:30am - 5:30pm
Friday 8:30am - 5:30pm

Telephone

(941) 316-9200

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